1 | The Judiciary Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to attorney's fees; amending s. 627.736, |
7 | F.S.; prohibiting the application of a contingency risk |
8 | multiplier in the award of attorney's fees in suits based |
9 | on claims arising under the Florida Motor Vehicle No-Fault |
10 | Law except in certain circumstances; providing an |
11 | effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Subsection (8) of section 627.736, Florida |
16 | Statutes, is amended to read: |
17 | 627.736 Required personal injury protection benefits; |
18 | exclusions; priority; claims.-- |
19 | (8) APPLICABILITY OF PROVISION REGULATING ATTORNEY'S |
20 | FEES.--With respect to any dispute under the provisions of ss. |
21 | 627.730-627.7405 between the insured and the insurer, or between |
22 | an assignee of an insured's rights and the insurer, the |
23 | provisions of s. 627.428 shall apply, except as provided in |
24 | subsection (11). If a court awards attorney's fees pursuant to |
25 | this subsection, no contingency fee risk multiplier shall be |
26 | applied in determining a reasonable fee unless the court finds |
27 | by clear and convincing evidence that success was unlikely at |
28 | the outset of litigation. |
29 | Section 2. This act shall take effect July 1, 2005. |